Skip to Content

Decisions of the Superior Courts of New South Wales, 1788-1899

In re Walker (1832) NSW Sel Cas (Dowling) 471; [1832] NSWSupC 97

imprisonment for debt, maintenance

Supreme Court of New South Wales

3 March 1832

Source: Dowling, Notes for Select Cases, S.R.N.S.W. 2/3466, p. 155

Where a nonsuited plaintiff was taken in execution for the defendant's costs; held that the latter could not be compelled to pay the plaintiff the poor debtor's allowance under the local ordinance.

The defendant being plaintiff in a cause was nonsuited and the defendant in the cause, having taken her in execution for his costs, she now prayed for the poor debtor's allowance under the Act. But the Court adverting to the Act and finding that the order for the allowance is to be upon the "plaintiff to the defendant", thought they had no power to compel a defendant to pay a poor plaintiff the allowance, for they could not read the word 'defendant' as meaning 'plaintiff'. Rule refused. (F. Stephen for the applicant. Keith for the defendant.)

Published by the Division of Law, Macquarie University